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Waiver of the objection of the lapse of time in the new civil code with respect to the foreign legal regulations

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2014

Abstract

The article deals with the new institute waiver of the objection of the lapse of time, which was introduced to the Czech law by the act no. 89/2012 Coll., the civil code. Attention is being paid especially to the facts, when the waiver of the objection of the lapse of time can be done, what form requires the waiver of the objection of the lapse of time and if the waiver of the objection of the lapse of time can be unilaterally withdrawn.

The article also deals with the question wheather the waiver of the objection of the lapse of time is an object to time limitation and wheather the lapse of time is effective towars the guarantor of the debter. The article compares this institut with the German and Austrian law.